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  1. #1
    Join Date
    Sep 2009
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    Default Discovery Received Late (Less Than 7 Days) in Washington

    I received a speeding ticket in Kitsap County in Washington State and have a court date this Wednesday, September 23. I used the discovery request form posted by Barry and just received the papers on Friday (just a copy of the ticket and a statement from the officer saying he got me with a radar, he's trained and the radar was checked, envelope is dated 9/18/09). Since this is inside the 7 days specified in IRLJ 3.1, can I make a motion to suppress and then dismiss for lack of evidence? Do I need to show a 'showing of prejudice?' If so, how?

    Also, on the ticket he marked 'no' in the CDL box, when I in fact have a CDL, and have had one for many years. It is shown on my WDL. Is there an argument to be made because of this error? Also, on the ticket he says I was doing 67 in a 50 and in the statement he writes 67 in a 40.

    Thanks for all the info on this site, and it's actually been fun learning from all the threads.

  2. #2
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Discovery Received Late (Less Than 7 Days) in Washington

    You can try making a motion to suppress the officer's sworn statement, pursuant to IRLJ 3.1 (b). The prosecutor MAY ask for a "showing of prejudice". If so, you will need to present some reason as to why the delay hindered or prevented you from being able to prepare a proper defense. For example, if the sworn statement indicates that the radar certification is on file with the court, you might claim that two days was NOT enough time to come down to the court to obtain a copy and then research this particular make/model of radar. I don't know how well that will work, but you've got to try something -- if asked.

    Two errors on the citation/sworn statement is the gray zone. With THREE you can almost always get a dismissal (if the officer made that many mistakes, why should the court believe that he/she got the speed right?), with ONE -- probably not. But TWO creates a MAYBE situation. It will all depend on the judge. Just be sure to present these errors as "honest mistakes", rather than intimating that the officer is just plain "stupid" -- remember, the officer and the judge COULD be golfing partners.

    Good luck,
    Barry

    p.s. Sorry about the CDL. It removes the option of a deferral.

  3. #3
    Join Date
    Sep 2009
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    4

    Default Re: Discovery Received Late (Less Than 7 Days) in Washington

    Thanks for the info Barry. And after double checking, I did indeed find a third mistake. On the ticket he wrote the date as 5/21, on the statement he wrote 5/20 (the correct date). Hopefully this will fall under your three mistakes idea.

    Should I start with the discovery request dismissal and if that fails on the prejudice front, try the three mistakes? Do I just ask for a dismissal because of the large number of mistakes?

    I'll be sure to let you know how it goes...

  4. #4
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Discovery Received Late (Less Than 7 Days) in Washington

    Oh, wow! That, alone, should be fatal. How can you have committed this offense on two different dates -- at the same time? Yep, that combined with the other errors should be enough -- but, remember, it's always up to the judge. Oh, and I'm sure you can't accurately recall WHICH of the dates (if either) is correct -- who knows? It might have actually been the 19th or the 22nd or ANY other date.

    Wait until the officer's sworn statement is introduced, then voice your objection. If it is not "formally" introduced (some courts do not have prosecutors), make a motion to suppress the officer's statement, pursuant to IRLJ 3.1(b) and move for dismissal for failure to specify the date of the infraction or the speed limit.

    Barry

  5. #5
    Join Date
    Sep 2009
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    4

    Default Re: Discovery Received Late (Less Than 7 Days) in Washington

    Thanks again Barry, the hearing went in my favor today. I first moved to suppress the officer's statement because of IRLJ 3.1 (b) which was granted by the judge, but she then informed me that I she would only grant me a continuance because of this.

    So I then proceeded on to motion two. I handed her copies of the ticket and statement with the errors mentioned above highlighted. I asked the ticket be suppressed because it is defective and fails to specify a date or speed limit for the infraction and politely pointed out the mistake with the CDL. She granted me the motion and I moved to dismiss for lack of evidence. She agreed and I walked out the door. All told took about 2 minutes.

    Nice to know that when you're prepared, it's possible to do this stuff.

  6. #6
    Join Date
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    Seattle
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    3,577

    Default Re: Discovery Received Late (Less Than 7 Days) in Washington

    Great job! Way to go!

    Thanks for letting us know,
    Barry

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